This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on April 4, 2018, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the appellant (claimant) did not sustain a compensable injury, in the form of an occupational disease, with a date of injury of (date of injury); (2) the respondent (carrier) is not relieved from liability under Section 409.002 because of the injured employee’s failure to timely notify his employer pursuant to Section 409.001; and (3) because there is no compensable injury, the claimant does not have disability for the period beginning on May 22, 2016, and continuing through the date of the CCH. The claimant appealed, disputing the ALJ’s compensability and disability determinations. The carrier responded, urging affirmance of the ALJ’s determinations.
The ALJ’s determination that the carrier is not relieved from liability under Section 409.002 because of the injured employee’s failure to timely notify his employer pursuant to Section 409.001 has not been appealed and has become final pursuant to Section 410.169.
DECISION
Reversed and remanded for reconstruction of the record.
Section 410.203(a)(1) requires the Appeals Panel to consider the record developed at the CCH. The appeal file contains an audio recording lasting approximately two minutes and six seconds containing a recording of preliminary matters, but does not include any arguments or testimony. The file does not contain a transcript or a complete audio recording of the proceeding. Consequently, we reverse and remand this case to the ALJ who presided over the April 4, 2018, CCH, if possible, for reconstruction of the CCH record. See Appeals Panel Decision (APD) 060353, decided April 12, 2006.
Pending resolution of the remand, a final decision has not been made in this case. However, since reversal and remand necessitate the issuance of a new decision and order by the ALJ, a party who wishes to appeal from such new decision must file a request for review not later than 15 days after the date on which such new decision is received from the Texas Department of Insurance, Division of Workers’ Compensation, pursuant to Section 410.202 which was amended June 17, 2001, to exclude Saturdays and Sundays and holidays listed in Section 662.003 of the Texas Government Code in the computation of the 15-day appeal and response periods. See APD 060721, decided June 12, 2006.
The true corporate name of the insurance carrier is ACE AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
1999 BRYAN STREET, SUITE 900
DALLAS, TEXAS 75201.
Veronica L. Ruberto – Appeals Judge
CONCUR:
Carisa Space-Beam – Appeals Judge
Margaret L. Turner – Appeals Judge